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MATTER OF METRO EQUIPMENT & RENTAL CORP.

Bankruptcy No. B79-665A.

28 B.R. 579 (1983)

In the Matter of METRO EQUIPMENT & RENTAL CORP., Bankrupt. Paul A. WEICK, Trustee, Plaintiff, v. Donald T. HELTZEL and E.G. Heltzel, Defendants.

United States Bankruptcy Court, N.D. Ohio.

March 31, 1983.

Attorney(s) appearing for the Case

David Schaefer, Cleveland, Ohio, for defendants.

Paul Weick, Cuyahoga Falls, Ohio, trustee-plaintiff.

Jerome Holub, Akron, Ohio, Jerome Leiken, Cleveland, Ohio, for trustee.

FINDING AS TO MOTION TO DISMISS

H.F. WHITE, Bankruptcy Judge.

This cause came on upon the filing of a complaint to recover assets of the estate by Plaintiff, Paul A. Weick, Trustee in Bankruptcy, against defendants, Donald T. Heltzel and E.G. Heltzel, on October 12, 1982. An amended complaint was filed on January 4, 1983.

On January 24, 1983, defendants filed their motion to dismiss the entire amended complaint due to the decision in Northern...

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